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This is an archive article published on March 21, 2022

Supreme Court may give 60 days to claim Covid ex gratia

Future claimants likely to get 90 days to settle dues

India, covid deaths, pandemic year, Kerala, Telangana, Uttarakhand, UP covid deaths, India news, Indian express, Indian express news, current affairsKerala, Telangana, Uttarakhand and Delhi also saw a drop in death registrations in 2020 as compared to the previous year. (Express Photo: Tashi Tobgyal)

The Supreme Court on Monday indicated that it may give 60 days to those eligible to claim ex gratia for Covid-19 deaths and 90 days to future claimants.

A Bench presided over by Justice MR Shah said this while reserving orders on an application by the Centre seeking a time limit for claiming the Rs 50,000 ex gratia for the kin of those who died during the pandemic.

The Centre had suggested that the time limit be fixed at four weeks from the date of death, lest it becomes an endless process.

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But the Bench, also comprising Justice BV Nagarathna, said the time period might not be sufficient. “It may not be an appropriate time period as the family concerned may be in shock… Four weeks may not be a good time. If there is a death, then the family would need time to recover from the sorrow and then file claims,” said the Bench responding to the Centre’s submission.

Hearing two petitions filed by Advocates Gaurav Kumar Bansal and Reepak Kansal, the Supreme Court had asked the National Disaster Management Authority (NDMA) last year to look into the question of providing ex gratia to the next of kin in the case of Covid deaths. Accordingly, the NDMA came up with a sum of Rs 50,000 that was accepted by the court.

However, the Bench, which is monitoring the process, had raised concerns over fake claims being raised and hinted that it may order a CAG probe. The court also asked the Centre for suggestions on how to tackle the issue.

In response, the government said a sample survey by some central agency may be ordered so as to verify the claimed documents processed by respective state governments for grant of the ex gratia.

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On this, the Bench said it may focus on two-three states where registered deaths and claims have a difference.

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